District Court of Appeal of Florida

In a forfeiture proceeding, a trial court's order setting aside its finding of probable cause and ordering the return of an individual's seized Corvette is reversed where, although the trial court properly found that the Department should have set an adversarial preliminary hearing, the proper remedy would have been to set the case for an adversarial preliminary hearing with proper notice, not return the car.

Appellate Information

• Decided 07/07/2006
• Published 07/07/2006

Judges

• KELLY, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert Dietz, Assistant Attorney General, Tampa, for Appellant.


• For Appellees:
  
• Roger S. Elkind of Law Office of Roger S. Elkind, Aventura, for Appellee.